Provided by: Jennifer Kirschenbaum, Esq.
October 18, 2023
Question:
Jennifer,
I wish to be buried out of the United States. How do I ensure my family honors my wishes?
Thanks,
Dr. I
Answer:
The answer is simple; make your intention known. Effectuating your request may be more difficult. We’re not sure if your family members will honor your request, which is why it’s best if you make arrangements in advance and yourself, including available finances. If you document your wishes, in your last will and testament, the executor of your estate, has an obligation to adhere to your wishes, however, such obligation does not rise to an ironclad legal requirement, necessarily. Family members or other interested parties could always challenge your directive. For instance, if you die with $2 million and you insist on all of it for a mausoleum for yourself which is estimated at $5 million cost, somebody may challenge, or the executor may sensibly and defensibly, abandon your plan. Estate litigation, unfortunately, is fairly common.
We haven’t spent much time on planning or asset protection topics on this forum, but you should. Without proper vehicles in place your wishes and intentions, including asset, protection, may not be maximized. Happy to have individual conversations, as requested. We are always available to prepare wills and trust instruments, and to sort through issues as they may arise.
I wish to be buried out of the United States. How do I ensure my family honors my wishes?
Thanks,
Dr. I
Answer:
The answer is simple; make your intention known. Effectuating your request may be more difficult. We’re not sure if your family members will honor your request, which is why it’s best if you make arrangements in advance and yourself, including available finances. If you document your wishes, in your last will and testament, the executor of your estate, has an obligation to adhere to your wishes, however, such obligation does not rise to an ironclad legal requirement, necessarily. Family members or other interested parties could always challenge your directive. For instance, if you die with $2 million and you insist on all of it for a mausoleum for yourself which is estimated at $5 million cost, somebody may challenge, or the executor may sensibly and defensibly, abandon your plan. Estate litigation, unfortunately, is fairly common.
We haven’t spent much time on planning or asset protection topics on this forum, but you should. Without proper vehicles in place your wishes and intentions, including asset, protection, may not be maximized. Happy to have individual conversations, as requested. We are always available to prepare wills and trust instruments, and to sort through issues as they may arise.
